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(1)

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(2)

QUEENSLAND

MOTOR SPIRIT VENDORS ACTS, 1933 TO 1934

[Reprinted as at 1 May, 1981]

Motor Spirit Vendors Act of 1933, 24 Geo. 5 No. 11 As amended by

Motor Spirit Vendors Act Amendment Act of 1934, 25 Geo. 5 No. 35

An Act to Provide for the Regulation of the Sale of Motor Spirit and for other purposes

[Assented to 27 October 1933]

BE IT ENACTED by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:-

1. (1) Short title. This Act may be cited as "The Motor Spirit Vendors Act of 1933."

(2) Commencement of Act. This Act shall come into operation on a date to be proclaimed by the Governor in Council by Proclamation published in the Gazette, which date is herein referred to as the commencement of this Act.

Collective title conferred by Act of 1934, 25 Geo. 5 No. 35, s. 1.

This Act was proclaimed to come into force as from 1 February 1934, by Proclamation Gazette 16 December 1933, p. 1493. But it remained entirely inoperative on constitutional grounds until the passing of the Motor Spirit Vendors Act Amendment Act of 1934. See Vacuum Oil Co. Pty. Ltd. v. Queensland (1934), 51 C.L.R. 677.

1A. Act read subject to the Commonwealth Constitution. This Act shall be read and construed subject to the Commonwealth of Australia Constitu- tion Act and so as not to exceed the legislative power of the State, to the intent that, where any enactment thereof would but for this section have been construed as being in excess of that power, it shall nevertheless be a valid enactment to the extent to which it is not in excess of that power.

Inserted by Act of 1934, 25 Geo. 5 No. 35, s. 2.

2. Interpretation. In this Act, unless the context otherwise indicates or requires, the following terms have the meanings set against them respectively, that is to say:-

" License "-A license valid and unexpired under this Act;

"Minister "-The Treasurer or other Minister of the Crown for the time being administering this Act;

(3)

2 ss. 3-5 MOTOR SPIRIT VENDORS ACTS, 1933 TO 1934

" Motor spirit "-Any petroleum fuel used or adapted or intended to be used for the propulsion of any motor vehicle;

Provided that the term " Motor spirit " does not include motor spirit being the subj.egt of interstate trade or commerce within the meaning of section ninety-two of the Common- wealth Constitution, but su9h term includes only such motor spirit as is or hereafter shall be part of the general mass of property in Queensland which is completely under the power and control of the State of Queensland.

" Person " includes any individual or firm or company or body or association of persons incorporated or unincorporated;

"Prescribed "-Prescribed by this Act;

" This Act "-This Act and all Proclamations and regulations thereunder.

As amended by Act of 1934, 25 Geo. 5 No. 35, s. 3.

3. Person selling motor spirit to be )!o}(ler ·9f license. Subject to this Act, no person shall jn Queensland, either as principal or as agent, sell to any other person for delivery in Queensland any motor spirit which at the time of su9h sale is situate in Queensland unless he is the holder of a motor spirit vendor's license under this Act:

Provided that any person who buys motor spirit for the p1,1rposes of sale from a person who holds a motor spirit vendor's license under this Act shall be deemed to have complied with the provisions of this section upon proof that the person from whom he buys such motor spirit is so licensed, and any such person shall for the purposes of this Act be deemed to be a licensed person and the agent of the licensee accordingly.

4. Application for license. (1) Every person who desires to obtain a motor spirit vendor's license shall deliver to the Treasurer an appHcation in the prescribed form signed by the applicant and stating therein his principal place of business. Such application sball be accompanied by a fidelity bond from the State Insurance Commissioner or licensed insurer under ''The Insurance Acts, 1916 to 1923," in the prescribed form signed by the applicant and conditioned in a sum not exceeding two thousand dollars for the compliance by the applicant during the term of such license with the requirements of this Act:

Provided that the regulations may prescribe that in lieu of the prescribed fidelity bond, moneys or prescribed securities may be deposited with the Treasurer as by way of guarantee for the compliance by th.e applicant during the term of his license with the requirements of this Act.

(2) Upon receipt of such application and bond, and on payment of the prescribed fee, a license shall be granted to such applicant.

Decimal currency reference substituted pursuant to section 7 of Decill).al Currency Act of 1965.

5. Duration of license. Every such license shall be operative for a period of one year only from the date of the grant thereof:

(4)

MOTOR SPIRIT VENDORS ACTS·, 1933 'FO 1934 SS. 6; 6A 3

Provided that, subject to this Act, the holder of a license· may· from time to time apply for a license for a further period' of one year from the date of the expiration of his current license and upon compliance with the terms, provisions, and conditions of section four of this Act, and, unless he has failed to comply with the requirements of this Act, a license for such further period shall be granted to him.

6. Holder of license to purchase power alcohol in prescribed quantities.

The holder of every license under this Act shall during the currency thereof purchase and pay at the prescribed price for a quantity of power alcohol manufactured in Australia not less than a quantity equal to· a prescribed:

number of gallons for every one hundred gallons of motor spirit sold by him during the period of such currency:

Frovided that, in calculating the number of gallons of motor spirit sold by him for the purposes of this section there shall be included only those sales in respect of which a license is required to be held by him under section three of this Act:

Provided further, that in the case of any safe as agent by any holder of a motor spirit vendor's license the provisions of this section shall be deemed to have been complied with as regards such sale upon proof that the p·ri:rtcipa:I is the holder of a license and has duly complied¹with the provisions of this section:

Provided: a'lso, that in the case· of any sale of moto:r spirit by a non- licensed person which has been: purchased by him from: a licensed person, such non-licensed person shall be deemed to be the agent of the licensed person in respect of such sale.

6A. Case where inability to obtain power alcohol. Notwithstanding anything herein contained, the Treasurer shall exempt either wholly or in part any holder of a license under this Act from the provisions of section six thereof under the fofl'owing circumstances, that is to say:-

(a) He shall exempt wholly any such holder who satisfies him that he is unable to obtain any power alcohol manufactured irt Australia.

(b) He shall exempt irn- part any such holder who satisfies him tha!t he is able to obtain part on'ly of the power alcohol manufactured in Australia necessary to enable him to comply with the_ provisions of section six of this Act, to . the intent that such holder so purchasing such part .so obtainable shall be deemed to comply with the provisions of the said section six.

The Treasurer shall notify such holder of any such exemption by certificate under his hand; the period of such exemption shall be fixed by the Treasurer and stated in such certificate: · ·

Provided tflat the Treasurer may from time to time renew any such certificate.

Inserted by Act of 1934, 25 Geo. 5 No. 35, s. 4.

(5)

7. Breach of s. 6. If the holder of any motor spirit vendor's license commits any breach of or neglects or fails to comply with the requirements of section six of this Act, he shall be guilty of an offence:

Moreover, the Treasurer may sue for and recover in the Supreme Court the amount named in the bond referred to in section four of this Act, and the amount recovered shall be paid into the Consolidated Revenue:

Provided that, where in any case security other than a fidelity bond is prescribed to be lodged with the Treasurer in respect of an application for a license, on the commission by the licensee of a breach of, or on his neglect or failure to comply with, the provisions of section six of this Act such security shall be forfeited to His Majesty.

8. Selling motor spirit in contravention of s. 3. Any person who sells any motor spirit in contravention of the provisions of section three of this Act shall be guilty of an offence against this Act, and shall be liable upon conviction to a penalty not exceeding one hundred dollars or, for a second or subsequent offence, to a penalty not less than forty dollars nor more than four hundred dollars.

Decimal currency references substituted pursuant to section 7 of Decimal Currency Act of 1965.

9. (I) Cancellation of license. If the Treasurer is satisfied that any person licensed by him has failed to comply with the provisions of section six of this Act or is persistently acting in breach of any provision of this Act, he may give notice to such person of his intention to cancel the license of such person, giving his reasons for his decision.

The decision of the Treasurer to cancel any license granted by him under this Act shall not be carried into effect until the time for lodging an appeal against his decision has expired nor while any appeal against such decision is pending.

(2) Appeal. An appeal from any decision given by the Treasurer under this section shall lie to a police magistrate. Such appeal shall be instituted by notice of appeal filed with a police magistrate in accordance with the regulations within thirty days after receipt of such·written notice

from the Treasurer. ·

If the police magistrate finds that any of the grounds for the decision given by the Treasurer are established he shall decide whether such decision is to be varied or rescinded, and such decision shall be varied or rescinded accordingly.

(3) Appeal to Full Court. Either party to the proceedings before such police magistrate may appeal from his decision to the Full Court, and such appeal shall be by way of rehearing.

Such appeal shall be made by way of special case in manner provided by "The Justices Acts, 1886 to 1932," with respect to appeals from the decision of justices, and the provisions of those Acts relating to such appeals shall, mutatis mutandis, apply to appeals under this subsection.

Subject to the regulations, the costs of appeal shall be in the discretion of the court.

(6)

MOTOR SPIRIT VENDORS ACTS, 1933 TO 1934 s.lO 5

(4) Notification of cancellation. Any notification of the cancellation of any license under this Act shall be published by the Treasurer in the Gazette, and any notification so published shall be prima facie evidence that the licei1se has been cancelled.

(5) Person whose license cancelled not to do any act for which iicense required. No person whose license has been cancelled shall thereafter, unless or until a fresh license so to do has been granted to him, under this Act do any act or perform any function whatsoever for which a license is teqliired under this Act.

Any person offending against the provisions of this section shall be guilty of an offence, and shall be liable upon conviction to a penalty not exceeding one hundred dollars, or, for a second <?r subsequent offence, to, a penalty of not less than forty dollars nor more than four hundred dollars.

(6) Further powers of Treasurer. The Treasurer may refuse to license under this Act any person whose license issued under this Act has been at any time cancelled, subject to a right of appeal in such person in

mam1et provided in this section. ,

, (7) Where Treasurer refused to reissue license. In any case where the Treasurer has refused to issue to the holder of a license a license for a further period owing to the licensee's failure to comply with the requirements of this Act as set forth in the proviso to section five, such person may appeal to the court in the manner provided in this section.

Decimal currency references substituted pursuant to section 7 of Decimal Currency Act of 1965.

10. Inspection of books, etc. (1) Any person authorised in writing in that behalf by the Minister may from time to time inspect arty books, accounts, registers, documents, or writings in the custody or control of a holder of a motor spirit vendor's license, and may take notes, copies, or extracts thereof or therefrom.

(2) Any holder of a motor spirit vendor's license, or agent, or clerk, or servant of such holder-

( a) Who neglects, obstructs, or refuses to produce for inspection to any person so authorised as aforesaid any books, accounts, registers, documents, or writings as aforesaid; or

(b) Who obstructs or refuses to allow any such person so authorised as aforesaid to take notes, copies, or extracts of or from any books, accounts, registers, documents, or writings as aforesaid; or

(c) Who refuses to answer any question of the person so authorised as aforesaid in relation to any books, accounts, registers, documents, or writings as aforesaid, or wilfully gives any untruthful answer to such question,

shall be guilty of art offence, and shall be liable on conviction to a penalty not exceeding two hundred dollars.

Decimal currency reference substituted pursuant to section 7 of Decimal Currency Act of 1965.

(7)

11. (1) Person selling motor spirit to keep proper books. Every person who either as principal or as agent sells to any other person for delivery in Queensland any motor spirit which at the time of such sale is situate in Queensland shall keep proper books and accounts in which shall be recorded every such sale, and set forth with full particulars and in a manner that can be readily understood or as may be prescribed.

The Minister or any person authorised in writing in that behalf by the Minister may require any such person to alter his method of keeping his books if, in the opinion of the Minister or such authorised person, they are not kept in a satisfactory manner.

(2) Penalty. Any person neglecting, refusing, or failing to comply with the provisions of subsection one of this section shall be guilty of an offence, and shall be liable on conviction to a penalty not exceeding two hundred dollars.

12. Record of licenses to be kept by the Treasurer. The Treasurer shall enter in a register book to be kept for that purpose a record of licenses granted to a motor spirit vendor under this Act, indicating the date of grant thereof, the duration thereof, and the date of the expiration or cancellation thereof.

A copy of any entry in any such register purporting to be signed by the Under Secretary of the Treasury or any officer of the Treasury Department making the same shall be prima facie evidence of the truth of the matters stated in such copy.

13. Registered office. The place of business mentioned in the application for a license, or such other place of business as the licensee from time to time by notice in writing to the Treasurer appoints, shall be the registered office of the licensee, and there shall be painted up or affixed and kept painted up or affixed at such place of business a sign in easily legible characters bearing the name of the licensee and the words" Licensed motor spirit vendor," and all written notices or other documents required to be served or given to the licensee shall be deemed to be duly served or given if left at the said registered office.

14. Offence by company. Where any offence against any of the provisions of this Act is committed by a corporation or company, the chairman of directors or manager or other governing officer, by whatever name called, of such corporation or company shall be liable to the punishment provided by this Act for such offence unless the person charged proved that such offence was committed without his knowledge or connivance and without any negligence on his part.

15. General penalty. Any person committing a breach of or neglecting or contravening or failing to comply with any of the provisions of this Act shall, where no other penalty is expressly provided, be liable on conviction to a penalty not exceeding four hundred dollars.

(8)

MOTOR SPIRIT VENDORS ACTS, 1933 TO 1934 ss. 16, 17

16. (1) Proceedings in summary way. All proceedings in respect of offences against this Act shall be heard and determined in a summary way on complaint under" The Justices Acts, 1886 to 1932."

(2) Minimum penalty. Notwithstanding anything in any Act to the contrary, where any person is convicted before the court of any offence under this Act the court shall not reduce the penalty to be imposed in respect of such offence below any prescribed minimum amount of penalty.

(3) Evidence. In any proceedings under or for the purposes of this Act-

(a) Any allegation or averment in any information, complaint, pleading, summons, or writ that any person does not hold a license as prescribed need not be proved, and such person shall be deemed not to hold such license until the contrary is proved by the production of the proper license or otherwise;

(b) Every entry in any book kept or belonging to any person or found on his premises shall be deemed, unless the contrary is shown, to have been made by or with the authority of such person;

(c) Every person who barters, exchanges, supplies for profit, deals in, or has in his possession, or who sends, forwards, or delivers any motor spirit shall, in the absence of conclusive evidence by him to the contrary, be deemed to sell such motor spirit.

As amended by Act of 1934, 25 Geo. 5 No. 35, s. 5,

17. (1) Regulations. The Governor in Council may from time to time make regulations providing for all or any purposes, whether general or to meet particular cases, that may be convenient for the administration of this Act or that may be necessary or expedient to carry out the objects and purposes of this Act.

Without limiting the generality of the foregoing provisions, such regulations may provide for-

(a) Form of application and license. Applications for licenses and the form and manner thereof, and the form, terms, provisions, and conditions of the license granted under this Act, and the fee payable therefor.

(b) Form of bond. The form of fidelity bond or other prescribed security, and the terms, provisions, and conditions thereof, and in respect of which different amounts on any prescribed basis may be fixed,

(c) Mode of proof of purchase, etc. Mode of proof of purchase by a person of motor spirit from a licensed motor spirit vendor, including any prescribed certificate or invoice to be furnished by. licensees · or other persons to persons buying motor spirit for sale.

(d) Returns, etc. Forms of returns and of statistics to be made and furnished to the Treasurer, and the contents thereof; and the persons (whether licensees or not) by whom the same shall be made, and the time and mode of making and furnishing the same.

7

(9)

8 s.17 MOTOR SPIRIT VENDORS ACTS, 1933 TO 1934

(e) Price for power alcohol. Prescribing the basis or bases or method of determination as to what shall constitute the prescribed price and prescribed quantity from time to time in. respect of power alcohol referred to in section six of this Act, and if deemed advisable referring from time to time for any year or years the matter of the fixation of such price and/ or prescribed quantity for the determination from time to time of the Commissioner of Prices appointed under " The Profiteering Prevention Act of 1920" (as aii:lended by subsequent Acts), and for such purpose applying so far as is practicable the provisions ofsuch Act; and the prescribing of any othet further powers or matters necessary or desirable to give effect to this Act.

(f) Cancellation and appeals. Cancellation . of license and form and milili:u!r of appeals in respect of such cancellation.

(g} Penalties. .lmpbsirig penalties not exceeding one hundred dollars. for breach of any tegtihition.

(h) Notices. The form of any notice, order, or other document under this Act.

(i) Service .. Service of any notice, order, or other document under this Act.

(j) Matters required or permitted to be prescribed, etc. All matters required or permitted by this Act to be prescribed;

and where there is in this Act no provision or no sufficient provision in respect of any matter or thing adequate, necessary, or expedient to give effect to this Act, providing fbr and supplying such omission or insufficiency. ·

(k) General. Generally to give effect to the objects and purposes of this Act and for the efficient administration thereof.

(2) Regulations may he made on the passing of this Act. Any such regulations may be made on the passing of this Act.

(3) Regulations to tie published in Gazette. All regulations made or purporting to have been made uilder this Act, upon beiilg published in the Gazette shall have the same force and effect as if they Were enacted in this Act and shall be judicially noticed, and their validity shall not be questioned in any proceedings whatever.

( 4) To be laid before Parliament. Such regulations shall be laid before the Legislative Assembly within fourteen days after such publication if Parlia1nent is in session; or, if not, then within fourteeil· days after the commencement of the next session.

If the Legislative Assembly passes a resolution disallowing any such regulation, of which resolution notice has been given at any time within fourteen sitting days after such regulation has been laid before it, such regulation shall thereupon cease to have effect, but without prejudice to the validity of anything done ii1 the meantime.

Decimal currency reference substituted pursuant to section 7 of DeCimal Currency Act of 1965.

(10)

INDEX

TO

MOTOR SPIRIT VENDORS ACTS 1933 TO 1934

Alcohol-power- inability to obtain purchase by licensee

A

Appeal to Full Court on refusal to reissue license Application for license . . . . . .

fidelity bond or security to accompany grant of license . . . . . .

Books-

alteration of method of keeping entries in, evidence

inspection of, of licensee ..

penalty for neglect in keeping ..

penalty on obstruction of inspeCtion ..

person selling motor spirit to keep proper

Cancellation of license- appeal against by Treasurer

notification of . . . .

B

c

person not to do act of licensee . . . . refusal to license person whose license cancelled Commencement of Act

Commissioner of Prices, regulations may refer prices to Commonwealth Constitution Act, effect on this Act of Company, offence by ..

Duration of license- renewals

Evidence--

D

E

allegations and averments, etc., in proceedings entries in books . . . . . . . . . . entry in register of license to be

onus of proof

F

Fee prescribed for license

Fidelity bond or security- ..

accompanies application for license . . . . . . . . amount may be sued for, on failure to purchase power alcohol Full Court, appeal to, from decision to cancel license

I

Inspection of books of licensee, obstruction of, penalty on

s. 6A ..

6 9 (6), (7) 4 ..

4 (1) 4 (2)

11 ..

16 (3) (b) 10 (I) 11 (2) 10 (2) 11 (1)

9 (2), (3) 9 (I) 9 (4) 9 (5) 9 (6) 1 (2) 17 (1) (e)

lA 14

5 5

16 (3) 16 (3)(b) 12 ..

16 (3) (c)

4 (2) 4 (I) 4 7 9 (3)

10 (1), (2)

Page

5 2 2 2

6 7 5 6 5 6

4 4 5 5 5

8

6

2 2

7 7 6 7

2 2 2 4 4

(11)

10

Justices Act, proceedings under

License-

appeal against cancellation of application for

cancellation of

J

L

duration of . . . . . . . . . . fidelity borid or prescribed security to be lodged

grant of, on payment of fee • . . . . . . . . . holder of, to· purchase power alcohol in prescribed quantities meaning of term . . . . . . . . . . . . . . notification of . . . . . . . .

penalty for sale of motor spirit without

person selling motor spirit to hold . . . . . . . . person whose license cancelled not to do act for which license

required

record of . . . . . . . . reissue of, refusal by Treasurer, appeal Licensed, when·p.erson deemed, who buys for resale Licensee, inspeCti.On of ~ooks of

penalty tor obstruction ..

Meaning of terms- License Minister ..

Motor spirit Person Prescribed This Act ..

Minister-

M

may auth&ise inspection of books . . . . . ..

may require person io alter method of keeping books meaning of term

Motor spirit-

meaning of term . . . . person selling to hold license person selling to keep books sale of, without license, penalty

Notices to be served at registered office

Offences-

N

0

failure of seller of motor spirit to keep books failure to purchase power alcohol

general penalty . . . . . . minimum .. .. .. ..

obstruction of inspection of books offence by company . . . . proceedinv for . . . . . ..

selling motor spirit without license

p

Penalties. See Offences.

Person-

meaning of term . . . . . . selling motor spirit to hold license

16 (I)

s. 9 (2), (3) 4 9 (li.

4 5 (ll.

4 (2) 6 2 9 (4) 8 3 9 (5) 12

9 (7)

10 (I) 10 (2)'

2 2 2 2 2 2 10 (I) H

2 2 3 II 8

13

II (2) 7 15 ..

16 (2) 10 (2) 14 16 8

2 3

Page

7

4 2 4 2 2 2 J I 5 4 2 5 6 j 2 5 5

I I 2 2 2 2 5 6' I

2 2 6 4

6

6 4 6 7 5

~·

4

2 2

(12)

Power alcohol-

case where inability to obtain ..

offence not to purchase as required by purchase by licensee in prescribed quantities quantity and price, regulations as to Prescribed, meaning of term ..

Proceedings, evidence of allegations in Purchase-

INDEX

by licensee of power alcohol in prescribed quantities of motor spirit from licensed vendor, exempt regulations as to mode of proof ..

Registered office oflicensee ..

Regulations-

cancellation and appeals effect of publication . . . . form and application for license form of bond

R

gazettal of . . . . . . . . . . matters required or permitted to be prescribed may be made on passing of Act

may impose penalties . . . . mode of proof of purchase of spirit

notices . . . .

power to make . . . . . . price and quantity of power alcohol returns, furnishing of

service of notice, etc.

to be laid before Parliament Renewals of license

Returns and statistics to Treasurer, regulations as to

Sale-

s

by agent of licensee, when exempt from purchase of power alcohol

of motor spirit, license required . . . . of motor spirit without a license, penalty on ..

person selling motor spirit to keep proper books Securities-

forfeiture of, on non-purchase of power alcohol to be lodged with application for license Short title

Sign, " licensed motor spirit vendor ", to be displayed at registered office

This Act, meaning of term Treasurer-

appeal from cancellation of license by further powers to refuse license notification by, of cancellation ..

T

power of cancellation of license . . . . to exempt licensee unable to obtain power alcohol to keep record of licenses . . . . . .

s. 6A ..

7 6 17 (I) (e)

2 16 (3)

6 3 17 (IJ (c)

13 17 (I) (f) 17 (3) 17 (I) (a) 17 (I) (b) 17 (3) 17 (1)(j) 17 (2) 17 (I) (g) 17 (1) (c) 17 (I) (h) 17 (I) 17(1)(e) 17 (I) (d) 17 (I) (i) 17 (4)

5 17 (I) (d)

6 3 8 11 7 4

I (I) 13

2 9 (2) 9 (6) 9 (4) 9 (I) 6A 12

7875-By Authority: S. R. HAMPSON, Government Printer, Queensland Page

l1'

3 4 3 8 2 7 3 2 7

6 8 8 7 7 8 8 8 8 7 8 7 8 7 8 8 2 7

3 2 4 6 4 2

6

2 4 5 5 4 3 6